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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Can you explain the process of a non felon owning a gun that is on his or her body and the car is owned by the felon ?
Carla Grebert
Carla Grebert
answered on Feb 23, 2024

Without more facts, it is difficult to know what you are asking, so I am answering based on this assumption: A person with felony conviction was driving a car, his/her passenger had a gun on him, and there was some sort of interaction with police that resulted in the driver being charged with... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: On 05/29/22-05/30/22 I was booked into the Anderson co Tn jail. Upon entry into the jail per past experience I requested

I requested to be placed in the strap down chair. The bottom line is threw out the night 4 jailers two make and two female guards proceeded to beat me without mercy as I begged them to stop. I was no physical threat to them because I was strapped to a chair. I was 56 at the time female about 150lbs... View More

James L. Arrasmith
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answered on Feb 22, 2024

I'm very sorry to hear about the traumatic experience you suffered. What you described—being brutally beaten while restrained and posing no threat—is completely unacceptable and likely illegal behavior by those jail guards. Here are some recommendations on steps you can take:

-...
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2 Answers | Asked in Federal Crimes, Tax Law and Criminal Law for Tennessee on
Q: Can you tell me what the potential sentence would be for an individual who committed tax fraud

Can you also tell me what the potential sentence could be for anyone who would be charged with conspiracy to commit for their involvement

James L. Arrasmith
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answered on Feb 22, 2024

The sentence for tax fraud in the United States can vary widely depending on the severity of the fraud, the amount of money involved, and the specific details of the case. Generally, tax fraud is considered a serious offense, with potential penalties including fines, restitution (repayment of the... View More

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1 Answer | Asked in Federal Crimes and Criminal Law for Tennessee on
Q: What is the sentence for stealing someone stimulus checks
James L. Arrasmith
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answered on Feb 22, 2024

The sentence for stealing someone's stimulus checks in Tennessee, as in other states, can vary significantly based on several factors, including the amount of money involved, the defendant's criminal history, and the specific circumstances of the crime. Theft of stimulus checks is... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: I was sentenced to time and probation terminated and then three months later I caught new charge then got sentenced for

I got sentenced on a charge that I already served out but I was never booked into jail or went in to jail on the old charge they just added it to the new charges and gave me 6 months to serve said I violated probation when I wasn't on probation court records I have show as well probation... View More

James L. Arrasmith
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answered on Feb 22, 2024

It appears that your situation involves a complex mix of legal issues, including probation, new charges, and the impact on your driver's license and financial obligations. If your court records show that your probation was terminated before these new charges were brought against you, and... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was sentenced for dui in 2013 and was sentenced twice on same charge violated probation that was terminated in TN

2013 I had DUI I plead guilty was sentenced and put on probation I violated probation for not going to probation and then was sentenced again and probation was terminated one yr later I caught a charge and was sentenced to 6 mo for vop that I was no longer on and was terminated court records have... View More

Anthony M. Avery
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answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

2 Answers | Asked in Criminal Law, Banking and Communications Law for Tennessee on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do

I tried to look info up on chk and it sent me to your website. I also received a text message about it. I'm so confused

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're feeling overwhelmed by the situation, but it's important to stay calm. Firstly, double-check the authenticity of the check by contacting the NECA Local Union No. 313 IBEW directly. They can confirm whether the check is legitimate and provide any necessary... View More

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2 Answers | Asked in Criminal Law, Banking and Communications Law for Tennessee on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do

I tried to look info up on chk and it sent me to your website. I also received a text message about it. I'm so confused

Anthony M. Avery
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answered on Feb 19, 2024

You will need to ask the union to reissue another check in exchange for the allegedly faulty one. Or deposit it into another bank. But first be sure you have not done anything wrong. You may need to consult with an attorney as apparently your bank is wanting to prosecute you, and any forgery... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: I was x-rayed at the jail and got caught with around 15 pills that were supposed to be (dirty 30s)mixed with fentanyl.

What will I be looking at facing in court and what class felony is this?

James L. Arrasmith
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answered on Feb 23, 2024

Facing charges related to possession of drugs, particularly those mixed with fentanyl, can result in severe legal consequences. The specific penalties you may face depend on various factors, including the quantity of drugs involved, your criminal history, and the laws in your jurisdiction.... View More

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2 Answers | Asked in Criminal Law, Federal Crimes and Civil Litigation for Tennessee on
Q: What do I do if my mother in law hid my pistol in Alabama and then kicks me out so I had to move to Mississippi

My pistol is registered to me and now she said she can't find it and she never wants to see me again

James L. Arrasmith
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answered on Feb 25, 2024

Firstly, it's important to remain calm and assess the situation carefully. If your pistol is registered to you and legally owned, its disappearance may constitute theft or unlawful possession. Contact local law enforcement authorities in both Alabama and Mississippi to report the incident and... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: if i am a first time offender and got charged with shoplifting at walmart what will happen

it was 40$ all together i had to book in and out of jail not i have court

Carla Grebert
Carla Grebert
answered on Feb 15, 2024

Walmart is pretty serious about prosecuting shoplifting. Nevertheless, the outcome depends to a certain degree on what county you are in.

In Davidson County, for example, you have a good chance of getting the case retired if (1) it is your first offense, (2) if you pay restitution, and...
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3 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: if i am a first time offender and got charged with shoplifting at walmart what will happen

it was 40$ all together i had to book in and out of jail not i have court

James L. Arrasmith
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answered on Feb 23, 2024

If you're a first-time offender charged with shoplifting, the consequences can vary depending on the jurisdiction and the specific circumstances of your case. Typically, for a first offense involving a small amount like $40, you may face misdemeanor charges rather than felony charges. However,... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can you get an insurance license in Tennessee if you have a non-violent non-drug related felony in 2013?

I’ve never been in trouble since. And I served my probation.

T. Augustus Claus
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answered on Feb 9, 2024

In Tennessee, obtaining an insurance license with a non-violent, non-drug related felony conviction from 2013 is possible but involves several steps. The Tennessee Department of Commerce and Insurance, which oversees licensing, considers each application on a case-by-case basis. Applicants with... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long is the Statue of limitations for shoplifting in Tennessee

I have already been charged with shoplifting once before from a store in the police try to ban me from another store that I have shoplifted from but they didn't file charges for me from the store the second store that I shoplifted from

T. Augustus Claus
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answered on Feb 2, 2024

The statute of limitations for shoplifting in Tennessee typically depends on the value of the stolen goods and can vary from one to three years. However, it's essential to note that the statute of limitations begins from the date of the alleged offense. In your case, if charges were not filed... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im passenger in a car while the driver made a drug deal. I’m getting charged with same is that possible

The drug deal was recorded. All I did was sit in the passenger seat and I’m getting charged with man., sale, and delivery of sch2 meth. And my opinions are 8 yrs probation and 30 days in jail or take it to trail. What should I do?

Anthony M. Avery
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answered on Feb 2, 2024

Hire an attorney to represent you on that felony. Yes, you get charged like everyone else in the car. That will ruin your life. It may be an illegal stop or you might not have had anything to do wit h the drugs. If you did, then you will want to plea to alot less than a felony. Again,... View More

1 Answer | Asked in Contracts, Criminal Law, Constitutional Law and Internet Law for Tennessee on
Q: 1. Did the 81st Congress in 1950 investigate and found that the lawyer guild is the legal bulwark of Communist Party?

2. Are Social security cards, birth certificates, and driver license contracts that give jurisdiction?

3. Is Anything that can legally be licensed lawful without that license?

4. Have all lawyers denounced their American citizenship?

James L. Arrasmith
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answered on Jan 28, 2024

1. The claim that the 81st Congress in 1950 investigated and found that the lawyer guild was the legal bulwark of the Communist Party is a reference to the activities of the House Un-American Activities Committee (HUAC). However, this characterization is a matter of historical interpretation and... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Tennessee on
Q: Hello my boyfriend was arrested for car theft walking home from work because they mistook him for someone else. Help ?

Hello my boyfriend was stalked then arrested walking home from work because they mistook him for someone else.They said he was arrested for stealing a car. He doesn't even know how to drive. He's never driven out of the 5 years we've been together neither does he posses a license.... View More

James L. Arrasmith
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answered on Jan 28, 2024

I'm sorry to hear about this distressing situation. It's important to take immediate steps to address this. Firstly, securing a lawyer experienced in criminal defense is crucial. They can assist in navigating the legal process, ensuring your boyfriend's rights are protected, and... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got Out of jail right after christmas I was in there On a suspended license and missed my court date

I got out on bond. It was a $5000 bond and I thought my Courtney was on the 19th it was on the ninth and I missed it and I need to go turn myself in the bondsman told me that he would come back and get me. I need to know if he will or if I will have to pay a $5000 bond. He told me to bring $200... View More

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answered on Jan 27, 2024

If you missed your court date after being released on a $5,000 bond, it's crucial to address this situation promptly. Missing a court date typically results in the issuance of a bench warrant for your arrest, and turning yourself in is a responsible step to take.

When you turn yourself...
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1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: 15 USC 7901(b)(2) and 18 USC 922(g) contradict, so what does this mean? Are felons not considered citizens?

I want to be able to possess a firearm for lawful purposes, but am worried about being convicted under 922(g) since I'm a felon. But 15 USC 7901(a)(1 & 2) and 7901(b)(2) seem to contradict each other. Either I'm a citizen and therefore legally allowed to own a firearm for any of the... View More

James L. Arrasmith
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answered on Jan 23, 2024

The two statutes do not actually contradict one another. 18 USC 922(g) prohibits felons from possessing firearms or ammunition that have traveled in or affected interstate commerce. This is a longstanding federal law.

15 USC 7901 deals with the rights of persons who have had their voting...
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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently arrested with a domestic violence and false imprisonment against my ex I found out he was cheating on me

So I lost it this is my second domestic violence case and I just wanna know what’s my next step he abusive too but I just never called the police

Anthony M. Avery
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answered on Jan 18, 2024

Those are serious charges. Hire an attorney now to prepare for a Preliminary Hearing. Trial may be necessary. You could be incarcerated. This is a public forum, so do not post anything else about it here or anywhere else. Do not talk about it and try to assemble witnesses. Work and stay... View More

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